California Limited Conservatorship Seven Powers

Why "Limited" Matters

A California limited conservatorship is not a scaled-down version of a general conservatorship. It is a structurally different legal framework designed specifically for adults with developmental disabilities — autism, Down syndrome, cerebral palsy, intellectual disability, and similar conditions.

Under Probate Code Section 2351.5, the conservatee retains all civil and legal rights except those the judge explicitly strips away and transfers to the conservator. The statute presumes competence. The judge must make specific findings for each power requested, and the explicit statutory purpose is to promote maximum self-reliance and independence.

A general conservatorship, by contrast, is designed for adults who have lost capacity due to age-related decline, severe brain injury, or major neurocognitive disorders. It defaults to broad restriction of rights and is almost never appropriate for a young adult with a developmental disability transitioning to adulthood.

The Seven Powers

Under Probate Code Section 2351.5(b), a limited conservator can only obtain authority in seven enumerated areas. Each must be separately requested in the petition and individually granted by the court:

1. Fix the residence or specific dwelling. Authority to decide where the conservatee lives. This does not mean the conservator picks a facility unilaterally — the court evaluates whether the proposed living arrangement promotes the conservatee's well-being and independence.

2. Access confidential records and papers. Authority to obtain medical, educational, psychological, and financial documents. For many families, this is the most practically important power — it addresses the information-access barriers that often arise under HIPAA and FERPA at age 18.

3. Consent or withhold consent to marriage or domestic partnership. Authority over the conservatee's right to enter a legally binding marital union. This is one of the most heavily guarded powers and rarely granted.

4. Control the right to contract. Authority to grant or restrict the conservatee's ability to enter into financial or legal agreements — signing leases, opening credit accounts, entering installment plans.

5. Consent or withhold consent to medical treatment. Authority to make healthcare decisions, including consenting to procedures and choosing providers.

6. Control social and sexual contacts and relationships. Authority to restrict or permit personal associations. California courts treat this as an extraordinary intrusion on personal liberty and require compelling evidence of exploitation, grooming, or abuse before granting it.

7. Make decisions concerning education. Authority to direct academic placements, consent to assessments, and participate in IEP planning.

Which Powers Courts Commonly Grant

In practice, California probate courts and court investigators are generally amenable to granting three powers:

• Confidential records — viewed as essential for coordinating care
• Contracts — protects against predatory financial agreements
• Medical treatment — ensures someone can consent during emergencies

These are the "advocacy core" — the powers most directly tied to keeping the conservatee safe and their care coordinated.

Powers over marriage and social/sexual relationships are heavily guarded. Courts require an extraordinary showing of active risk — documented exploitation, grooming history, or sexual abuse — before stripping these rights. A parent's generalized worry about their child's vulnerability does not meet this threshold.

Powers over residence and education fall in the middle. Courts grant them when the evidence shows the conservatee would make housing or educational choices that pose concrete safety risks, but not when the conservatee simply has different preferences than the family.

The Filing Process

The petition (Form GC-310) can be filed up to 60 days before the young adult's 18th birthday, though no order can issue until after they reach majority. The filing packet includes at least nine standard forms, including the confidential supplemental information (GC-312), screening form (GC-314), and — if medical powers are requested — a Capacity Declaration (GC-335) from a physician or clinical psychologist.

After filing, the court triggers three parallel tracks: personal service of a citation (GC-320) on the proposed conservatee at least 15 days before the hearing, mailed notice to all second-degree relatives at least 15 days before the hearing, and a mandatory 30-day notice to the proposed conservatee's regional center.

When the proposed conservatee is a regional-center client or consents to the assessment, the regional center conducts its assessment under Probate Code Section 1827.5 and files a confidential report with the court recommending which powers should be granted. A court investigator separately interviews the proposed conservatee, evaluates their living conditions, and files an independent report.

The proposed conservatee receives court-appointed counsel — an attorney whose duty under Probate Code Section 1471(d) is to advocate for the client's expressed wishes, not what the attorney believes is in the client's best interests.

Timeline and Costs

An uncontested limited conservatorship typically takes three to six months from filing to issuance of Letters of Conservatorship (GC-350). In congested probate courts like Los Angeles County, it can stretch to nine months.

Costs for an uncontested petition: $435 filing fee, $700–$1,500 for the court investigator, $0–$1,500 for the capacity evaluation, and $3,000–$10,000 in attorney fees. If the proposed conservatee receives public benefits, the fee waiver (FW-001-GC) can cover filing and investigator costs.

Before You File

California courts must make an express finding that a conservatorship is the least restrictive alternative and consider less restrictive alternatives — Supported Decision-Making, Powers of Attorney, Advance Health Care Directives. Before filing, document why these options would not adequately protect the proposed conservatee; the court investigator may flag an unexplained gap and the judge may continue your hearing.

The California Adult Guardianship & Alternatives Guide walks through the capability assessment that determines which powers you actually need, the less-restrictive alternatives for each domain, and the full filing preparation checklist if a limited conservatorship is the right path for your family.

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